HomeMy WebLinkAboutReso 78-2004RESOLUTION NO. 78-2004
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION APPROVING AMENDMENT NO. 9 TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
SOUTH SAN FRANCISCO AND MEYERS, NAVE, RIBACK, SILVER
AND WILSON
WHEREAS, the City of South San Francisco and Meyers, Nave, Riback, Silver and Wilson
entered into a professional services agreement in March 1994; and
WHEREAS, the parties desire to amend said agreement to modify the compensation
provided to Meyers, Nave, Riback, Silver and Wilson consistent with the attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco does hereby:
1. Approves Amendment No. 9 to the Professional Services Agreement as set forth in
Exhibit A hereto;
2. Authorizes the City Manager to sign, on behalf of the City Amendment No. 9.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the 28th day of July
2004 by the following vote:
AYES: Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez,
Vice Mayor Raymond L. Green and Mayor Karyl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
City'Clerk /~)" ~-'
EXHIBIT A
AMENDMENT NO. 9 TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO
AND MEYERS, NAVE, RIBACK, SILVER AND WILSON
The City of South San Francisco and Meyers-Nave do hereby agree as follows:
1. Section 4 "Compensation - Basic Services" is hereby amended to read as follows:
"City shall compensate Law Firm for all Basic Services described in Section 1
hereof Thirty-Three Thousand Six Hundred Dollars ($33,600) per month effective
July 1, 2002. In addition to Basic Services compensation, Law Firm shall also be
paid roi' cost recovery matters involving land use entitlements at the rate of $250 per
hour for Principals, $225 per hour for Senior Associates and "Of Counsel"
attorneys, and $200 per hour for Junior Associates with the City's costs reimbursed
by the development applicant. For purposes of this section, cost recovery matters
shall include the following: 1) all non-residential projects requiring approval of a
conditional use permit, planned unit development, development agreement, zoning
amendment, general plan amendment, specific plan or amendment thereto or other
discretionary approval; 2) all residential or mixed use projects containing four (4) or
more residential units and/or those residential proje6ts requesting an owner
participation agreement, disposition and development agreement, affordable
housing agreement or development agreement; and 3) any project requiring a
mitigated negative declaration, environmental impact report, or an addendum to an
environmental impact report.
In addition to the Basic Services compensation, Law Firm shall also be reimbursed
up to $26,835 on an annual basis for secretarial services provided in the South San
Francisco City Attorney's office and for photocopy costs incurred at the Law Firm's
Oakland office. City shall also reimburse Law Firm for the actual costs paid by
Law Firm for Westlaw and Lexus computer research services, messenger services
and document requests. In addition to the Basic Services, for redevelopment related
legal services in excess of 303 hours during any City fiscal year, Law Firm shall be
paid $165 per hour for attorneys and $85 per hour for paralegal services."
The first sentence of Section 5 "Compensation - Special Services" is hereby
amended to read as follows:
"City shall compensate Law Firm for special services described in Section 2 hereof
and which are authorized by action of the City Council on an hourly basis at the rate
of $210 per hour for shareholders and "Of Counsel" attorneys, $170 per hour for
junior for junior associates, $185 per hour for senior associates and $95 per hour for
paralegals."
Except as expressly provided herein, all other terms and conditions of the
Professional Services Agreement between the City and Meyers-Nave shall remain in
full force and effect for the term of this Agreement.
Date:
City of South San Francisco, a Municipal
Corporation of the State of California
By:
Michael A. Wilson, City Manager
Attest:
Sylvia Payne, City Clerk
Approved as to Form:
Meyers, Nave, Riback, Silver & Wilson
By:
Special Counsel Steven T. Mattas, Shareholder